| Case ID |
3d74f270-105f-4e59-87a1-900b8239a9f2 |
| Body |
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| Case Number |
HYD-410 of 1991 |
| Decision Date |
Oct 24, 1995 |
| Hearing Date |
|
| Decision |
The appeal revolves around the dismissal of an employee who was not recognized as a civil servant nor as a worker under relevant laws. The Labour Court had previously ruled in favor of the respondent for reinstatement and back benefits. However, the appellate tribunal determined that the grievance petition was not maintainable since the employee was not classified under the definitions provided in the Industrial Relations Ordinance or other related acts. The employee's claim for pension was acknowledged, directing him to seek remedy based on prior correspondence from the Executive Engineer. |
| Summary |
This case involves the Labour Appellate Tribunal of Sindh and addresses the issue of an employee's dismissal from service. The respondent, who had been working as a tractor driver on a work-charge basis, claimed reinstatement after being dismissed without notice or inquiry. The tribunal examined the definitions of 'worker' and 'civil servant' under the Industrial Relations Ordinance and the West Pakistan Industrial and Commercial Employment Ordinance. It concluded that the respondent did not meet the criteria for either classification, rendering his grievance petition non-maintainable. However, the tribunal acknowledged the possibility of pursuing a pension claim based on the order from the Executive Engineer regarding his retirement. This case highlights the complexities of employment classifications and the legal frameworks governing industrial relations in Pakistan, making it significant for similar future cases. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Executive Engineer, Feeder Division, Left Bank Barrage Colony, Hyderabad, Sindh,
Sardar Ali
|
| Judges |
Mushtak Ali Kazi
|
| Lawyers |
Not available
|
| Petitioners |
Executive Engineer, Feeder Division, Left Bank Barrage Colony, Hyderabad, Sindh
|
| Respondents |
Sardar Ali
|
| Citations |
1996 SLD 409,
1996 PLC 266
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
2(xxviii),
25-A,
1(4)(a),
2(i),
S.O. 12
|